Originally from Alternatives to the High Cost of Litigation

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This article is centered on the desirability of instilling a particular culture in corporate decision making on responsible and effective dispute resolution methods.

In business-to-business transactions, the parties should consider together what can go wrong with the developing happy courtship and marriage. That thinking is not unlike the concept of considering a pre-nuptial agreement.

Let me begin with my takeaway and go from there. The takeaway is that when the negotiation of a transaction is underway, the parties should be earnestly focused on the best contractual methods of resolving disputes that could arise in a less-than-best case scenario. There must be an early discussion of the dispute resolution clause, which may be as crucial as some of the important substantive provisions in the written agreement embodying the transaction.